SPECIFIC TERMS AND CONDITIONS OF
INVESTOR ACCOUNT OPENING
These Specific Terms and Conditions of Investor Account Opening (together with all attachment, amendment and/or revision thereto, hereinafter referred to as "STC of Investor Account") are specific provisions related to the opening of Investor Account at PT. Bank CIMB Niaga Tbk domiciled in South Jakarta ("Bank") made and executed on the day and date as specified at the end of these STC of Investor Account by the Customer (hereinafter referred to as "Customer").
By signing these STC of Investor Account, the Customer declares that he is subject to the provisions set forth in the General Terms and Conditions of Account Opening at the Bank. The contents of these STC of Investor Account shall be as follows:
Article 1
INVESTOR ACCOUNT OPENING 1.1 CUSTOMER INFORMATION & SPECIMEN
1.1.1 Investor Account Opening by the Customer through a Securities Company or a Custodian Bank must meet all requirements that have been or will be specified later by the Bank, including those derived from the requirements that have been or will be specified later by PT Kustodian Sentral Efek Indonesia and/or other relevant parties, such as but not limited to:
a) Has minimum funds as specified by the Bank. b) Has a Securities Sub-Account at C-BEST. c) Has a Single Investor Identification (SID) at AKses.
d) Submit other documents as attached and other documentation or information as specified later by the Bank.
The Customer through the Securities Company must show and submit any and all data, particulars, information, statements, documents or anything requested and required by the Bank related to the opening of Investor Account or by the Custodian Bank, and the Customer hereby represents and warrants to the Bank that any data / document / information provided to the Bank through the Securities Company or the Custodian Bank with respect to the opening of Investor Account is complete, accurate, true and factual and has not been modified or constitutes the latest data / documents / information. The Customer also warrants that the signatory to the STC of Investor Account together with all related documents is authorized party to represent the Customer. The Customer hereby agrees that the opening of Investor Account shall be effective after the Customer has met all requirements and the Bank has approved the application for the opening of Investor Account.
The Customer agrees and hereby authorizes the Bank to seek, request and receive data, particulars, information, statement, document of any kind and from any party required by the Bank relating to the identity of the Customer and / or business activities and / or transactions of the Customer.
All data, particulars, information, statements, documents obtained by the Bank through the Securities Company and or the Custodian Bank with respect to the Customer or business activities or transactions of the Customer, shall become the property of the Bank and the Bank reserves the right to compare, review, keep confidential or use them in the interest of the Bank in accordance with the applicable laws without any obligation of the Bank to notify or request the prior written consent of the Customer, nor provide any warranty or indemnity for any reason whatsoever to the Customer.
In case the Customer desires to make changes to data, including but not limited to changes in address, telephone number, facsimile, Resident Identity Card (KTP), Taxpayer Identification Number (NPWP), signature, authorized signatory (together with the new signature specimen), management composition, legal entity status, licensing, etc, then the Customer shall make such changes by coming directly to the Securities Company or the Custodian Bank. These changes shall be effective upon receipt and recordation of such changes in the Bank's records.
1.1.2 The opening of Investor Account shall be performed through a Securities Company or a Custodian Bank by virtue of authorization of the Customer to the Securities Company or the Custodian Bank as contained in these STC of Investor Account.
1.1.3 The Bank reserves the right to reject an application for the opening of Investor Account, including but not limited to the discovery of any invalid information or data, without any obligation of the Bank to explain the reasons thereof.
1.2 TERMS OF INVESTOR ACCOUNT
1.2.1 Investor Account may be in the form of savings account or checking account, provided that the savings account only specifically applies to individual Customers and checking account only specifically applies to corporate Customers or individuals with Taxpayer Identification Number (NPWP). 1.2.2 The Bank shall not issue any passbook or token of savings enrollment in the
name of the Customer and nor issue any cheque / bilyet giro as media for withdrawing checking account.
1.2.3. Investor Account may derive from the conversion of a savings account or checking account already owned by the Customer. In case the Investor Account derives from the conversion of a savings account or checking account, once converted to the Investor Account, it shall be subject to the terms and conditions in these STC of Investor Account.
By signing these STC of Investor Account, the Customer represents and warrants that by performing the conversion of account as referred to herein, there are no cheques and/or bilyet giro and/or other media for withdrawing other funds that have not been withdrawn and or have outstanding liabilities and shall immediately return them to the Bank if any.
However, the Bank is authorized to debit the Investor Account and use those funds to pay/settle obligations arising from the withdrawal of funds by cheque and//or BG or other withdrawal media with outstanding obligations.
1.3 COMPLAINT HANDLING
In case the Customer desires to submit a complaint to the Bank in connection with the Account Investor, such complaint may only be submitted in writing by enclosing a copy of the Customer's ID and supporting documents to the Securities Company or the Custodian Bank, the Securities Company or the Custodian Bank shall then be obligated to follow up on the Customer's complaint to the Bank. The Bank shall not be held responsible for any delay in handling complaints caused by the negligence of and/or delay by the Securities Companies and/or the Custodian Bank in submitting the Customer's complaint to the Bank.
Article 2
AUTHORIZATION TO THE THE SECURITIES COMPANY OR THE CUSTODIAN BANK
The Customer hereby authorizes to the Securities Company or the Custodian Bank for and on behalf of the Customer to:
1. Open and/or manage the opening of Investor Account on behalf of the Customer at the Bank to be used specifically for the settlement of securities transactions, either the sale or purchase of securities transaction made by the Customer through the Securities Company or the Custodian Bank and accordingly take any action on the Investor Account in relation to such purpose, including but not limited to the debiting and crediting, and the closure of Investor Account provided that the debiting of Investor Account may only be performed to credit funds to the account as follows:
Operating Current Account Number of the Securities Company or the Custodian Bank:
………...
Settlement Current Account Number of the Securities Company or the Custodian Bank:
………...
Other Customer Account Number: ………...
or other account as the Customer may notify in writing from time to time.
The Securities Company or the Custodian Bank shall respect the right of the Customer to continue using the funds in the Investor Account and close it in case there is no more obligation to settle securities transactions made by the Customer through the Securities Company or the Custodian Bank in accordance with the objective and purpose of the Investor Account.
2. Exercise the authority in item 1 above via banking services available at the Bank now or in the future, including but not limited to BizChannel service. 3. Register the Investor Account and other accounts as referred to item 1 at
BizChannel service or other banking services of the Customer (if so required).
Subsequently perform any action deemed proper and necessary for the exercise of authority granted over the Investor Account as mentioned above.
Any dispute and the consequence thereof between the Customer and the Securities Company or the Custodian Bank or with any person shall become the full responsibility of the Customer and/or the Securities Company or the Custodian Bank. In connection with the use of banking services used in the exercise of this authority, including but not limited to BizChannel service, the Customer and the Securities Company or the Custodian Bank shall have full knowledge and understanding of the banking services and shall comply with all provisions applicable to the banking services including any future changes thereof.
Article 3 ACCOUNT TRANSACTIONS 3.1 WITHDRAWAL AND DEPOSIT
Investor Account withdrawal shall be made by the Securities Company or the Custodian Bank by virtue of the Customer's Letter of Authorization issued to the Securities Company or the Custodian Bank and such funds withdrawal may only be made for the purpose of settling securities transactions or transferring funds to the destination account. The Customer agrees to hold the Bank harmless from and against any claims and/or risks and/or losses arising from the abuse of authority committed by the Securities Company or the Custodian Bank, related to funds in the Investor Account, and undertakes to bear any losses suffered by the Bank due to such abuse of authority. Each withdrawal of funds from the Investor Account may only be made by using withdrawal media in compliance with the Bank's requirements without prejudice to the Bank's right to refuse the withdrawal of funds from the Investor Account, including but not limited to when the Investor Account has insufficient funds by observing the prevailing provisions/agreements. 3.2
INSTRUCTIONS
Where there is no other arrangement, funds withdrawal instruction may be carried out by the Customer or the Securities Company or the Custodian Bank or other third parties, while funds withdrawal instruction shall be carried out by the Securities Company or the Custodian Bank by virtue of the Customer's Letter of Authorization issued to the Securities Company or the Custodian Bank. Should the Customer desire to take any action related to the Investor Account, including the spending of capital market investment returns from the Investor Account,
instructions related thereto and the Customer hereby declares to: (i) authorize the Bank to debit the Investor Account in case the Bank must perform the debiting to rectify the error, (ii) waive his right to demand or claim for damages to the Bank or its employees for any error to be rectified by the Bank within a reasonable time period after the Bank has become aware of it, (iii) agree and acknowledge that the outcome or result arising from the Bank's action in rectifying any error in the Investor Account shall be valid and binding on the Customer as valid and perfect means of evidence.
Article 5 LIABILITY
5.1 The Customer agrees to bear any risks, losses or consequences suffered by the Customer due to, among others: (i) any negligence and or omission of the Customer (ii) misunderstanding, damage, delay, loss or error in the delivery of instructions and communications, either by mail, telephone, telegram, telex or facsimile or other communication systems, (iii) the limited use or unavailability or non-payment of funds due to foreign exchange restrictions, the unavailability of foreign currency sought, or other causes beyond the control of the Bank; (iv) Investor Account reports or the Bank's notices delivered to the Customer are received or read or misused by an unauthorized person over the Investor Account.
5.2 The Customer agrees to bear any risks, losses or consequences suffered by the Customer in connection with any authenticity, illegality, non-completeness in filling or other aspects of documents received by the Bank from the Customer through the Securities Company or the Custodian Bank, also when the documents claim the right to ownership of property, as well as when the documents is proving the right to ownership of property listed in the documents. The Bank shall not be responsible for any party issuing or endorsing such documents, including but not limited to the authenticity, validity or accuracy of the authorization and signature contained in such documents.
5.3 In case the Investor Account transactions are made by the Securities Company or the Custodian Bank by virtue of the Customer's Letter of Authorization to the Securities Company or the Custodian Bank, via any banking services including electronic banking services, the Customer agrees to hold the Bank harmless from any risks that may arise from the use of such banking services. In case the Investor Account transactions are made via electronic banking services, the Customer agrees that the Bank shall not be held liable for any form of losses suffered by the Customer due to the use of electronic banking services, including but not limited to losses due to any negligence or omission of the Customer or the Customer's proxy (the Securities Company or the Custodian Bank) as well as losses due to the use of or intervention in the use of electronic banking services by any unauthorized person, delay or failure in accessing or executing transactions due to system failure or repair or any condition beyond the control of the Bank including Force Majeure, or the use of banking services deviating from the terms and conditions and procedures specified by the Bank.
5.4 The Customers hereby agrees that Customer shall use the Investor Account for transactions that do not conflict with the provisions of the applicable laws and regulations and or the Bank's internal policies and or other nationally and internationally applicable regulations related to the execution of such transactions, directly or indirectly, and the Customer shall be liable for any claims or demands and consequences arising from the Customer's use of the Investor Account for transactions classified as suspicious transactions and/or transactions prohibited by the provisions of applicable laws and regulations.
Article 6 ACCOUNT CLOSURE
6.1 The closure of Investor Account shall not discharge the Customer from outstanding obligations, including but not limited to overdraft (debit balance) of the Investor Account (if any) and the Bank reserves the right to collect/obtain payment of outstanding amounts from the Customer.
6.2 In the event that upon closure of the Investor Account there are remaining funds in the Investor Account, then the remaining funds in the closed account (if any) shall remain the property of the Customer and the Bank shall credit the funds to another account of the Customer that still exists at the Bank or to an escrow account (in case the Customer does not have another account at the Bank) after being deducted with the Investor Account closure fee and other fees charged related to the Investor Account and payment obligations not yet settled by the Customer (including overdraft). To the extent not otherwise provided by the Bank, the withdrawal of remaining funds in the closed Investor Account that have been credited to another existing account of the Customer or to an escrow account as referred to herein may only be made by specific media as designated by the Bank.
6.3 The Customer and/or his successors or permitted assigns shall discharge the Bank from its liability with respect to the Investor Account closure.
6.4 The remaining funds in the escrow account as referred to in item 6.2 that have not been withdrawn by the Customer shall not
Article 7 MISCELLANEOUS 7.1 DISCLOSURE OF INFORMATION
7.1.1 In connection with the Investor Account and with due regard to the applicable laws and regulations and the Bank's policies, the Customer hereby grants approval to the Bank to submit the Customer data information together with the storage data to the Securities Company or the Custodian Bank and/or PT Kustodian Sentral Efek Indonesia for purposes related to this Investor Account. In this regard, the Customer specifically grants power and authority to the Bank to (i) disclose to any party information concerning the Customer, and/or activities of the Customer and/or accounts of the Customer and other financial data of the Customer available at the Bank to other parties including but not limited to PT Kustodian Sentral Efek Indonesia and the Capital Market Supervisory Agency of the Republic of Indonesia for purposes deemed proper and necessary by the Bank, including the submission of report/transmission of data to PT Kustodian Sentral Efek Indonesia in relation to the opening, rejection of opening application, management, blocking, unblocking or closure and other actions related to the Investor Account as well as information related to the transfer of funds and/or balance in the Investor Account, (ii) block the Investor Account according to the blocking instruction from an authorized institution in accordance with the provisions of applicable legislation, and (iii) debit the Investor Account equal to the amount of outstanding obligations not yet satisfied by the Approver and Authorizer, including but not limited to overdraft (debit balance) of the Investor Account (if any).
7.1.2 In connection with the Investor Account, given the entry into force of these STC of Investor Account, the provisions on the approval of the Customer for the Bank to provide information to any party or in connection with the Customer, and/or activities of the Customer and/or accounts of the Customers and other financial data of the Customer at the Bank to other parties including but not limited to subsidiaries, affiliates or related companies, as mentioned in the General Terms and Conditions of Account Opening (TCAO) shall be waived and considered invalid.
7.3 AMENDMENT
In the event of any modification, addition, and/or reduction to the provisions of STC of Investor Account, the Bank shall notify such modification, addition or reduction to the Customer through the Securities Company/the Custodian Bank. The Customer agrees that given the use/access/transaction over the Investor Account upon notice/notification of amendment to the provisions of STC of Investor Account means that the Customer has approved the amendment to the provisions of STC of Investor Account.
7.4 SEVERABILITY
If one or more provisions of STC of Investor Account is found to be illegal, invalid, or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected. 7.5 GOVERNING LAW AND DISPUTE RESOLUTION
These STC of Investor Account including any amendment thereto shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Any dispute arising out of or in connection with the performance of these STC of Investor Account, which cannot be resolved by negotiations, shall be referred to the Indonesian Capital Market Board for Arbitration (Badan Arbitrase Pasar Modal Indonesia (BAPMI). Unless otherwise agreed by the parties to the STC of Investor Account, the arbitration proceedings shall be held in Jakarta. The award made and rendered by the Arbiters shall be final, conclusive and binding and incontestable and judgment upon such award may be entered in any court having jurisdiction in or out of the Republic of Indonesia. The arbitral award shall contain a determination of the parties required to pay all costs incurred.
7.6 CLOSING
7.6.1 In case of any contradiction or conflict between the General Terms and Conditions of Account Opening and the STC of Investor Account, the STC of Investor Account shall prevail.
7.6.2 The Customer hereby declares that he has accepted the General Terms and Conditions of Account Opening and the STC of Investor Account, read, comprehended, signed and approved the contents thereof and the Bank has provided an adequate explanation of the characteristics of the Investor Account to be used by the Customer and the Customer has understood and comprehended all consequences of using the Investor Account, including the benefits, risks and costs inherent in the Investor Account.
IN WITNESS WHEREOF, having thoroughly read and studied this provisions and understood the contents thereof with full awareness and responsibility. The Customer signed this STC of Investor Account on the date as indicated hereunder.
CUSTOMER,
